B-203377.2, JUN 16, 1981
Highlights
DIGEST: PROTEST BASED ON IMPROPRIETIES ON FACE OF SOLICITATION IS UNTIMELY AND THUS NOT FOR CONSIDERATION ON MERITS. THE PROTESTER CONTENDS THAT THE TERMS OF THE IFB IMPROPERLY PRECLUDE BIDS ON A HELMET WHICH IS THE "COMMERCIAL EQUIVALENT" TO THE GOVERNMENT SPECIFICATION ITEM. THE PROTEST IS UNTIMELY. WAS REQUIRED TO BE FILED IN OUR OFFICE PRIOR TO BID OPENING. WE HAVE BEEN ADVISED BY DLA THAT BIDS HERE WERE OPENED ON JUNE 2. SINCE GENTEX'S PROTEST WAS NOT RECEIVED UNTIL JUNE 3. IT IS UNTIMELY AND THUS WILL NOT BE CONSIDERED ON THE MERITS. BECAUSE WE FIND THE PROTEST IS UNTIMELY. THE PROTEST IS DISMISSED.
B-203377.2, JUN 16, 1981
DIGEST: PROTEST BASED ON IMPROPRIETIES ON FACE OF SOLICITATION IS UNTIMELY AND THUS NOT FOR CONSIDERATION ON MERITS, WHEN FILED AFTER BID OPENING.
GENTEX CORPORATION:
GENTEX CORPORATION (GENTEX) PROTESTS THE OPENING OF BIDS UNDER INVITATION FOR BIDS (IFB) NO. DLA 100-81-B-0772, WHICH SOUGHT OFFERS TO SUPPLY A QUANTITY OF SPH-4 HELMETS TO THE DEFENSE LOGISTICS AGENCY'S (DLA) DEFENSE PERSONNEL SUPPORT CENTER IN PHILADELPHIA, PENNSYLVANIA. THE PROTESTER CONTENDS THAT THE TERMS OF THE IFB IMPROPERLY PRECLUDE BIDS ON A HELMET WHICH IS THE "COMMERCIAL EQUIVALENT" TO THE GOVERNMENT SPECIFICATION ITEM. THE PROTEST IS UNTIMELY.
OUR BID PROTEST PROCEDURES, 4 C.F.R. SEC. 20.2(B)(1) (1980), REQUIRE THAT PROTESTS BASED UPON ALLEGED IMPROPRIETIES APPARENT ON THE FACE OF A SOLICITATION BE FILED PRIOR TO BID OPENING. THE PROTESTER'S OBJECTION CONCERNS RESTRICTIONS WHICH APPEAR ON THE FACE OF THE SOLICITATION. ACCORDINGLY, THIS PROTEST, IN ORDER TO BE DEEMED TIMELY, WAS REQUIRED TO BE FILED IN OUR OFFICE PRIOR TO BID OPENING. WE HAVE BEEN ADVISED BY DLA THAT BIDS HERE WERE OPENED ON JUNE 2, 1981. SINCE GENTEX'S PROTEST WAS NOT RECEIVED UNTIL JUNE 3, 1981, IT IS UNTIMELY AND THUS WILL NOT BE CONSIDERED ON THE MERITS. WELLS FARGO GUARD SERVICES, B-203226, MAY 27, 1981, 81-1 CPD
; DYNATION CORPORATION, B-201342, DECEMBER 10, 1980, 80-2 CPD 423.
BECAUSE WE FIND THE PROTEST IS UNTIMELY, A CONFERENCE ON THE MATTER, AS REQUESTED BY GENTEX, WOULD SERVE NO USEFUL PURPOSE. DEWEAVER AND ASSOCIATES, B-200541, JANUARY 6, 1981, 81-1 CPD 6.
THE PROTEST IS DISMISSED.